LexInter | November 24, 2006 | 0 Comments


The Civil Code does not define consent, but the defects that may affect it.

The texts of the Civil Code consider the qualities of lucidity and freedom necessary for the consent to be valid. The contract can only be formed if there is a real will at the origin of the declaration of will.

The process of expression and meeting of wills which allows the formation of the contract has changed considerably. A jurisprudential construction has since the end of the 19th century transformed the notions of error fraud and violence to protect the existence and integrity of consent.

The eror the fraud and violence opened the action by relative nullity. The purpose of this is to protect the victim.

It runs from the day of the cessation of the defect or of its discovery.

The cancellation of the contract can be obtained and cumulatively or alternately damages

These provisions concerning consent are supplemented, in the case of a consumer, by the rules of consumer law concerning in particular the contractual obligation of information, the duties of advice, providing for periods of acceptance or of repentance or regarding unfair terms.

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